Gayle v. Randall
Supreme Court of Alabama
Appeal from the City Court of Selma. Tried before Hon. Jonathan ITaealsoN. This was an action by Reese D. Gayle against Henry C. Randall on a promissory note, made by the defendant on 22d January, 1872, and payable to the1 plaintiff on 1st December, 1872; and was commenced on 11th June, 1879. Among other defenses the defendant pleaded, in substance, and under oath, that after ,the execution of the note sued on, and prior to the commencement of this suit, the plaintiff, on…
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Appeal from the City Court of Selma. Tried before Hon. Jonathan ITaealsoN. This was an action by Reese D. Gayle against Henry C. Randall on a promissory note, made by the defendant on 22d January, 1872, and payable to the1 plaintiff on 1st December, 1872; and was commenced on 11th June, 1879. Among other defenses the defendant pleaded, in substance, and under oath, that after ,the execution of the note sued on, and prior to the commencement of this suit, the plaintiff, on his petition, was adjudged a bankrupt by the decree of the District Court of the United States, for the Middle District of…
1Opinion of the CourtSomerville, J.
The note sued on by the appellant, Gayle, was given for the rent of land belonging to his wife’s statutory separate estate. It was dated January 22d, 1872, and made payable to the plaintiff on the first of December following after date. The wife, Mrs. Gayle, hacl died in December, 1871, prior to the date of the execution of the note. The plaintiff filed his petition in the United States District Court in March, 1872, and was duly adjudged a bankrupt under the provisions of the Bankrupt Law of 1867. This action was instituted in June, 1879. There is evidence of one or more payments being made…
2Cases cited9 opinions
- Westmoreland & Trousdale v. FosterSupreme Court of Alabama · 1877
- English v. KeySupreme Court of Alabama · 1863
- Lee v. TannenbaumSupreme Court of Alabama · 1878
- Van Wicklen v. PaulsonNew York Supreme Court · 1853
- Robinson v. DennySupreme Court of Alabama · 1877
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3Cited by5 opinions
- Griel & Bro. v. SolomonSupreme Court of Alabama · 1886
- Watson v. SteeleSupreme Court of Alabama · 1884
- Wofford Bond & Mortgage Co. v. AdamsSupreme Court of Alabama · 1931
- Cain v. SheetsSupreme Court of Alabama · 1884
- Williamson v. BakerSupreme Court of Alabama · 1885